Judgment Search Results Home > Cases Phrase: representation of the people act 1951 chapter i corrupt partices Court: chennai Page 1 of about 25 results (0.129 seconds)

P.Mohan Vs. M.K.Azhagiri

Court : Chennai

..... thereof are notwithstanding anything in any enactment to the contrary. it is important to mention here that while cpc and indian evidence act are general enactments, representation of the people act is a special enactment, under which circumstances, it is a settled law that the special law prevails over the general law.12. section 64 ..... to the provisions of this act, be deemed to apply in all respects to the trial of an election petition. 8.3. section 93 of the representation of the people act,1951 : "93.documentaryevidence. notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence at the trial of an election ..... in point. one of us (venkataramiah, j.) had occasion to deal with the corresponding sub-section (3) of section 89 of the jammu & kashmir representation of the people act, 1957 which reads: every election petition should be accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy .....

Pon Paramaguru, Director General of Police (Retd.) Vs. State of Tamil ...

Court : Chennai

Reported in : 2006(2)CTC241; (2006)3MLJ129

..... elections, is carried out by the designated officers of the state governments concerned. it is felt that the provisions of the representation of the people act, 1950 and the representation of the people act, 1951, in this regard should be clearly defined so that during the relevant period, these officers would, while discharging functions ..... is also to be noted that in the counter affidavit of the election commission reference has been made to section 13cc of the representation of the people act, 1950.21. the representation of the people act, 1950, hereinafter referred to as r.p.act, 1950, is an act to, inter alia, provide for the ..... various powers relating to control of the election commission over any particular civil servant are covered by various provisions contained in the representation of the people act, 1950 and the representation of the people act, 1951 and other statutory rules and the election commission can exercise its authority only within the parameters of such provisions .....

Dr. V.K. John Vs. G. Vasantha Pai and anr.

Court : Chennai

Reported in : AIR1957Mad320

..... and it is in this chapter ii that section 125 dealing with illegal practices occurs, the result, is, from the date of the coming into force of the representation of the people (second 'amendment) act, 1958, no election petition" can include a charge of the commission of an illegal practice. the most material section, however, of the ..... or poster. but it is clear to us that three of them are circulars. mr. nambiar relied upon decisions in which the corresponding provision in the representation of the people act in england was construed; but the words used in the english statute are "any bill, placard or poster" and the decisions turned upon the interpretation ..... corrupt practices specified in paragraphs 8 and 11 of the petition. the illegal practice specified in paragraph 12 was that mentioned in section 126(3) of the representation of the people act, 1951 (xliii of 1951), hereinafter referred to as the "act".particulars of the illegal practice were given in schedule d to the petition. briefly .....

R.Rajendran .... Vs. Velmurugan,t. and ors.

Court : Chennai

..... the contentions we may briefly refer to the law stipulating the contents of the petition and well settled principles elaborated in various decisions. section 83 of the representation of the people act, 1951 deals with contents of a petition and rule 94-a of the conduct of elections rules, 1961 deals with form of affidavit to be ..... no.131-m, 131-w, 132 and 73 at puliyur kattusagai village etc., by the agent/representative of the 1st respondent would attract section 123 of the representation of the people act, 1951? 5. the election petitioner examined himself as p.w.1 and p.w.2- mr.thiruvengatam, district adi-dravida and tribal welfare officer, cuddalore ..... respondent.4. on the above pleadings, the following issues were framed:1)whether there is non-compliance with the mandatory requirements under section 83 of the representation of the people act (act 43/1951) and whether election petition has to be dismissed?2)whether particulars of the corrupt practice alleged in the petition have not been .....

M. Samayamuthu Vs. the Secretary to the Government, Government of Tami ...

Court : Chennai

Reported in : (2009)1MLJ289

..... through publishing and circulating leaflets. section 123(5) and 124(5) of the representation of the people act 1951, were challenged as ultra vires article 19(1)(a) of the constitution, submitting that the provisions of the representation of the people act interfered with a citizen's fundamental right to freedom of speech. repelling the contention ..... guaranteed by the constitution. part ix of the constitution confers certain powers on local self-government. it promises duration of five years, free and fair election, representation of scheduled castes and scheduled tribes in the administration of institutions of local self-government, no interference by other organs of the state, including judiciary, etc. ..... offices are entrusted with certain powers to be exercised in public interest alone and, therefore, the office is held by them in trust for the people. any deviation from the path of rectitude by any of them amounts to a breach of trust and must be severely dealt with instead of being .....

K. Anbazhagan and ors. Vs. the Secretary,

Court : Chennai

Reported in : AIR1988Mad275

..... could claim a privilege with regard to its own constitution and having regard to the express provisions in the constitution and the provisions of, the representation of the people act, none of those three privileges could be claimed by the legislative assembly in india.37. the question which necessarily falls for consideration therefore is ..... india because the manner and the procedure for its constitution are regulated by the express provisions of the constitution of india and the provisions of the representation of the people act. the sheet anchor of the argument advanced on behalf of the petitioners is the observation made by the supreme court in the u. p. ..... does not refer to a conviction under the prevention of insults to national honour act.30. a reference was made by mr. raghavan to section 11 of the representation of people act, 1951, which reads as follows: - '11 removal or reduction of period of disqualification - the election commission may, for reasons to be recorded, remove .....

Kumar.P Vs. Sarubala R.Thondaiman and ors.

Court : Chennai

..... the supreme court in tukaram s. dighole v. manikrao shivaji kokate reported in (2010) 4 scc 329 for contending that the charge of corrupt practice envisages by the representation of people act is to be equated with the criminal charge. therefore, the standard of proof that is required is not preponderance of probabilities as in civil action, but the ..... or of any rules or orders made under this act,[the high court] shall declare the election of the returned candidate to be void.]"section 129 of the representation of the people act, 1951 reads as follows:129.officers, etc., at elections not to act for candidates or to influence voting.-(1)no person who is [a district election ..... 4 of 2009 was presented by the first respondent in this application under section 81 read with s.100(1)(d)(iii) and (iv) and section 129 of the representation of peoples act 1951 (for short rp act). the petition was presented on 29.6.2009. thereafter, the matter was assigned to this court by the hon'ble chief justice .....

Petitioner Vs. Respondent

Court : Chennai

..... relevant prescribed register before the district electoral officer, chennai district viz., the commissioner of corporation of chennai, under rule 88 of the rules under representation of people act. 7. the learned senior counsel for the applicant/1st respondent projects an argument that as far as the election expenditure of the election petitioner ..... senior counsel for the applicant/1st respondent submits that the 1st respondent/election petitioner has taken a new stand with reference to 10a of the representation of the people act, 1951 11. the learned senior counsel for the applicant/1st respondent refers to the handbook for candidates of election commission of india, 2009 ..... 1 of 2011) had stated that the he had submitted his accounts to the authorities concerned well within the time limit prescribed under the representation of the people act and obtain the necessary approval by the concerned authority etc. 18. the learned senior counsel for the 1st respondent/election petitioner brings it .....

T.K.S. Elangovan and Others Vs. The State of Tamil Nadu rep. by its Ch ...

Court : Chennai

..... from 4.3.2016 and the notification having been issued by the governor of tamil nadu on 22.4.2016 under section 15 of the representation of the people act, 1951. 2.4. the petitioners claim that the commission is sought to be packed by party loyalists having no eminence and not ..... the selection as invalid and not in accordance with the constitution. (c) the chairperson should be beyond reproach and his appointment should inspire confidence among the people. (d) the quality of person can be ascertained only through the meaningful deliberative process by taking into account the constitutional functions and institutional requirement necessary for ..... position was emphasized requiring the need for a thorough and meticulous scrutiny regarding the antecedents. absolute transparency was thus the benchmark making it imperative that only people of high integrity, merit, rectitude and honesty are appointed to the constitutional positions. 16.9. in upendra narayan singh case, supra, the supreme court .....

Dravida Munnetra Kazhagam and ors. Vs. the Tamil Nadu State Election C ...

Court : Chennai

..... vs. bishnu deo bhandari [2012(3) scc 314], held that mere non-compliance of the provisions of the constitution or breach of the provisions of the representation of people act would not result in automatic invalidation of the election of the returned candidate. the relevant observation reads thus:-"a mere non-compliance or breach of the constitution ..... mentioned that here in this case non-compliance with the provisions of the representation of the people act, 1951 and the elections rules of 1961 was by the officers, who were in charge of the conduct of the election and not by the ..... void automatically:-97.the supreme court in kalyan kumar gogoi v. ashutosh agnihotri, (2011) 2 scc 532, held that non-compliance of the provisions of the representation of people act by officers who were in charge of the election would not render the election of the returned candidate void. the supreme court observed:-"23.it may be .....